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Subdivision 1.Search warrant.
A "search warrant" is an order in writing, in the name of the state, signed by a court other than a court exercising probate jurisdiction, directed to a peace officer, commanding the peace officer to make a search as authorized by law and hold any item seized, subject to the order of a court.
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Subd. 2.Peace officer.
The term "peace officer," as used in sections 626.04 to 626.17, means a person who is licensed as a peace officer in accordance with section 626.84, subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer, agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and Gambling Enforcement, University of Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive Apprehension Unit member, State Patrol trooper as authorized by section 299D.03, or railroad peace officer as authorized by section 219.995 and United States Code, title 49, section 28101.
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Subd. 3.Crime.
The term "crime," as used in sections 626.04 to 626.17, includes (1) those offenses defined as crimes in section 609.02, subdivision 1, and (2) all violations of municipal ordinances for which a misdemeanor sentence may be imposed.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1980–2025 · leading case:
State v. Lindsey, 473 N.W.2d 857 (Minn. 1991).
State v. Lindsey, 473 N.W.2d 857 (Minn. 1991).
· cites it 8× “The court upheld the warrant issued notwithstanding the absence of any applicable rule or statute setting forth the procedures followed in this case and notwithstanding that the procedures used violated Minn.Stat. §§ 626.05 and 626.11 which specify that the issuing judge sign…”
State v. Colosimo, 669 N.W.2d 1 (Minn. 2003).
· cites it 4× “2002) (stating that "conservation officers are subject to the same constitutional constraints as other law enforcement officers in the performance of their duties," therefore, any restrictions this court has found applicable to police officers also apply to conservation…”
State v. LaRose, 673 N.W.2d 157 (Minn. Ct. App. 2004).
· cites it 9× “Cyr was a duly state-licensed peace officer employed by the Leech Lake Band Department of Public Safety (in accordance with section 626.84, subd. 1).”
State v. Covert, 628 S.E.2d 482 (S.C. Ct. App. 2006).
· cites it 2× “Penal Code § 1523, and Minn.Stat. Ann. §§ 626.05 and 626.11, expressly require a search warrant to be signed.”
State v. Andries, 297 N.W.2d 124 (Minn. 1980).
· cites it 2× “The issue on which defendant focuses our attention is whether the procedures used here violated Minn.Stat. §§ 626.05 and 626.11 (1978), which specify that the issuing judge sign the warrant.”
State v. Holmberg, 527 N.W.2d 100 (Minn. Ct. App. 1995).
· cites it 2× “Search Warrants Holmberg argues that the June 9 and June 24 search warrants were invalid be *103 cause there is no authority to issue a search warrant to discover evidence of an ordinance violation.”
State v. Lindsey, 460 N.W.2d 632 (Minn. Ct. App. 1990).
· cites it 2× “ISSUE Did the trial court abuse its discretion in admitting evidence seized pursuant to the telephonic search warrant? ANALYSIS Minn.Stat. § 626.05, subd. 1 (1988) defines a search warrant as “an order in writing.”
Op. Atty. Gen. 3a; 390a6 (Minn. Att'y Gen. 2025).
· cites it 2× “3 ICE, a federal agency whose authority is limited to 2 See Minn. Stat. §§ 626.05 , subd. 2; 626.71, subd.”
State of Minnesota v. Stephen Thomas Conlin (Minn. Ct. App. 2014).
· cites it 2× “Appellant’s argument that “‘official duties’ [are] separate and distinct from ‘the lawful execution of any legal process’” produces the absurd result of 9 construing one statute to remove the execution of search warrants from the list of peace officers’ official duties even…”
State of Minnesota v. Jeremy Fredrick Aguirre (Minn. Ct. App. 2015).
· cites it 2× “Minn. Stat. § 626.05 , subd. 3 (2014). “Crime” is “conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine.”
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